Frazetta Jr. will head to trial in art heist case

Thursday

Feb 25, 2010 at 12:01 AMFeb 25, 2010 at 8:16 AM

Frank Frazetta Jr. will go to trial on charges he stole $20 million of his father's art, a district court judge ruled following a hearing Wednesday. Frazetta, known as Frank Jr., was arrested in December after police discovered he'd allegedly broken into the family museum in Marshalls Creek using a backhoe and removed about 90 works of art painted by his father, famed fantasy artist Frank Frazetta Sr.

HOWARD FRANK

Alfonso Frank Frazetta will go to trial on charges he stole $20 million of his father's art, a district court judge ruled following a hearing Wednesday.

Frazetta, known as Frank Jr., was arrested in December after police discovered he'd allegedly broken into the family museum in Marshalls Creek using a backhoe and removed about 90 works of art painted by his father, famed fantasy artist Frank Frazetta Sr.

Frazetta, who was found wearing a ski mask at the time of his arrest, said he had his father's permission to protect the art from other family members.

The purpose of Wednesday's hearing was to determine if there was probable cause that a crime was committed.

"There were doors pulled off, a ski mask. It sounds like it was a burglary," District Justice Brian Germano said.

Wednesday's hearing was a family reunion of sorts. Frank Jr., his younger brother Bill Frazetta of East Stroudsburg and sister Heidi Graven of Englewood, Fla., were brought together for the first time in a while.

At issue was whether Frank Jr. believed he had the authority to remove the paintings from the Frazetta museum.

Bill Frazetta testified that the paintings belonged to a corporation called Frazetta Properties LLC, of which he shared management duties with his sisters. The LLC is owned by Frank Sr. and was formed for estate planning purposes.

"I am a manager of the LLC. The art was supposed to stay in the museum," Bill Frazetta said.

The defense subpoenaed Adeline Bianco, a notary who works for A&S Katz in East Stroudsburg. She testified that a little more than a week before the alleged burglary, the elder Frazetta, 82, told her he wanted Frank Jr. to protect his paintings by any means necessary.

"He said he wanted to revoke the power of attorney given to the kids," she recalled.

She also reviewed another letter she said Frank Sr. dictated to her.

The letter, in somewhat fractured language, said in part, "I Frank Frazetta ... of sound mind and body of this date hereby order nothing and not the 2 daughters or 2 sons who can sign take or assume none of my possessions either tangible or monetary. I will have a will and list what each is to have. Until then, I hereby put a end to them using me."

The letter was signed by Frank Frazetta and notarized by Bianco.

Bill Frazetta recalled that the night of his brother's arrest, he was called to the scene by the security company when an alarm went off in the museum. While Frank Sr.'s attorneys discussed the situation with police by the museum, Frank Jr. began hitting Bill. "Then he started throwing snowballs," Bill said.

During a bail hearing following the preliminary hearing, the judge added a condition to Frank Jr.'s bail, prohibiting him from discussing anything about the case with his dad.

It was a bad day for the defense. Germano ruled in favor of the prosecution five times and sided with defense not at all on its objections. It was also a bad day for fashion. Prosecutor Mike Mancuso wore a crisp, light gray business suit with heavy-duty, oversized snow boots.

After the hearings, Bill Frazetta said: "We're relieved. Right now we're going to let the justice system do what it does."

Graven said there was still a chance for reconciliation with her older brother Frank Jr.

"I would," she said. "If he came to me and asked for forgiveness, I would."